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(영문) 수원지방법원 2015.03.18 2014노7337
도로교통법위반(음주운전)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The Defendant, in 2011, was sentenced to imprisonment for 6 months due to driving without a license for drinking or without a license, and was sentenced to a punishment for 6 months, and was in the same period of repeated crime, again, conducted driving without a license for drinking or without a license for driving of the instant case without a license, and the Defendant’s sale of the marbs processed by mixing with the general marbs through a trading company is mainly supplied to a child-care center and a kindergarten through the trading company, and is disadvantageous to the Defendant.

However, considering all sentencing conditions in the instant case, such as the character, character, age, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence imposed by the court below is too heavy or unreasonable, in view of the following factors: (a) the defendant, as his father of three children, was detained and the defendant was difficult to operate the enterprise; and (b) the amount of supply without anti-biotics could be seen as starting to sell the mixed land in order to maintain the customer as he did not meet the demand quantity; and (c) the defendant’s character, age, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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